S T A T E O F N E W Y O R K
________________________________________________________________________
3359
2025-2026 Regular Sessions
I N S E N A T E
January 27, 2025
___________
Introduced by Sens. RIVERA, BORRELLO, BROUK, CLEARE, COMRIE, COONEY,
GALLIVAN, GONZALEZ, HELMING, HINCHEY, HOYLMAN-SIGAL, JACKSON,
KAVANAGH, LIU, MAY, O'MARA, ROLISON, SALAZAR, SEPULVEDA, SKOUFIS,
STEC, WALCZYK, WEBB, WEBER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to expanding health
care services provided by telehealth; and to amend part V of chapter
57 of the laws of 2022, amending the public health law and the insur-
ance law relating to reimbursement for commercial and Medicaid
services provided via telehealth, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2999-dd of the public health law,
as amended by section 2 of part V of chapter 57 of the laws of 2022, is
amended to read as follows:
1. Health care services delivered by means of telehealth shall be
entitled to reimbursement under section three hundred sixty-seven-u of
the social services law on the same basis, at the same rate, and to the
same extent the equivalent services, as may be defined in regulations
promulgated by the commissioner, are reimbursed when delivered in
person; provided, however, that health care services delivered by means
of telehealth shall not require reimbursement to a telehealth provider
for certain costs, including but not limited to facility fees or costs
reimbursed through ambulatory patient groups or other clinic reimburse-
ment methodologies set forth in section twenty-eight hundred seven of
this chapter, if such costs were not incurred in the provision of tele-
health services due to neither the originating site nor the distant site
occurring within a facility or other clinic setting; and further
provided, however, reimbursement for additional modalities, provider
categories and originating sites specified in accordance with section
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03866-01-5
S. 3359 2
twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
phone communication defined in regulations promulgated pursuant to
subdivision four of section twenty-nine hundred ninety-nine-cc of this
article, shall be contingent upon federal financial participation.
Notwithstanding the provisions of this subdivision, for services
licensed, certified or otherwise authorized pursuant to article sixteen,
article thirty-one or article thirty-two of the mental hygiene law, AND
FOR ANY SERVICES DELIVERED THROUGH A FACILITY LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER THAT IS ELIGIBLE TO BE DESIGNATED OR HAS
RECEIVED A DESIGNATION AS A FEDERALLY QUALIFIED HEALTH CENTER IN ACCORD-
ANCE WITH 42 USC § 1396A(AA), AS AMENDED, OR ANY SUCCESSOR LAW THERETO,
INCLUDING THOSE FACILITIES THAT ARE ALSO LICENSED UNDER ARTICLE THIRTY-
ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW, such services
provided by telehealth[, as deemed appropriate by the relevant commis-
sioner,] shall be reimbursed at the applicable in person rates or fees
established by law, or otherwise established or certified by the office
for people with developmental disabilities, office of mental health, or
the office of addiction services and supports pursuant to article
forty-three of the mental hygiene law.
§ 2. Section 7 of part V of chapter 57 of the laws of 2022, amending
the public health law and the insurance law relating to reimbursement
for commercial and Medicaid services provided via telehealth, as amended
by section 5 of part B of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, this act shall expire and be deemed repealed on and after April
1, [2026] 2028.
§ 3. This act shall take effect immediately; provided however, that
the provisions of section one of this act shall take effect April 1,
2026; provided further, however, that the amendments to subdivision 1 of
section 2999-dd of the public health law made by section one of this act
shall not affect the expiration of such subdivision and shall expire and
be deemed repealed therewith.